Defense Attorney Challenges Replacement of U.S. Attorneys
Kudos to TalkLeft contributer Last Night in Little Rock (aka John Wesley Hall of Little Rock, AR) for filing a motion challenging Alberto Gonzales' firing of U.S. Attorneys across the country and replacing them with political "appointees" who do not have to be confirmed by the Senate.
Hall was appointed by the court to represent a death penalty defendant last week and filed this motion (pdf) today. He argues that the "appointment" of U.S. Attorney Tim Griffin violates Art. II of the Constitution and Sec. 541 of Title 28 of the U.S. Code.
Why did Gonzales replace U.S. Attorney Bud Cummins with Griffin?
So far, seven U.S. Attorneys around the country have been fired and replaced by political appointees without confirmation by the Senate. The requirement was abolished by a provision in the Patriot Act that allows recess appointments.
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